Dan Phiffer is an Internet enthusiast based in Troy, NY

But this story isn’t about the public getting menaced, it’s more about posturing by the criminal justice system.

According to the person who made the complaint on Friday, the issue wasn’t that Miyakawa’s art appeared to be a bomb, but how they were going to get it off the tree. “I called 311 asking how to get that thing off my tree, if it was my responsibility or the city’s…the 311 woman put me through to 911 then the cops came. I left for work,” they wrote via email.

Miyakawa is charged with “two counts of placing a false bomb or a hazardous substance, reckless endangerment, placing a false bomb or a false substance in the 2nd degree, and criminal nuisance in the 2nd degree,” and is being held at a mental health facility for 30 days.